Drug trafficking crimes involve the creation and/or distribution of banned drugs or controlled substances that were obtained illegally. Just like drug possession charges, they are considered very serious crimes and often carry severe penalties. The more dangerous the drug, the quantity of the drug, and the more drug crimes you are convicted of – in addition to drug trafficking – the worse the punishment could be. Finding a qualified New Jersey drug crimes lawyer for your case can easily make the difference between many years in prison or a lesser penalty.

Contact Lustberg Law Offices, LLC today at (201) 880-5311 for a free initial consultation regarding your drug charges.

New Jersey Drug Trafficking Law Definition and Details

Drug trafficking is defined as the illegal sale, manufacture or creation, transport, movement, and/or distribution of any substance that is either illegal to own or was illegally acquired.  Drug trafficking crimes usually involve much more than simply handling an illegal substance from point A to point B.  It often involves a large scheme on a national or international scale with millions of dollars of sales generated. Usually, to be convicted of this crime one must have a larger part in the scheme such as organizing, financing, or supervising/managing those creating, moving, or selling the drugs.

The following is a list of the most commonly trafficked drugs in the United States:

• Cocaine
• Heroin
• PCP
• LSD
• Methamphetamines (Meth)
• Marijuana

Because this type of crime is on a much larger scale and results in thousands of affected Americans gaining access to illegal substances, a special federal group called The Drug Enforcement Administration (DEA) is used to investigate these crimes.  They were created to crack down on drug presence and distribution in the United States.

Possible Drug Trafficking Penalties for Those Convicted in NJ

If you are caught by the DEA and convicted, the penalties for this type of crime are severe.  This is because it is considered a very serious crime that usually earns an individual a 1st-degree felony charge.  If convicted of other drug crimes the penalties can become much more severe. This is especially the case if charged with any of the following:

1. Possession of a drug with intent to distribute within 1000 ft of the school zone
2. Possession of a drug with intent to distribute within 500 ft of a public library, park, or certain housing
3. Possession of a handgun (such as a pistol) in association with the drug crime

Penalties for drug trafficking crimes in New Jersey depend on what type of drug was involved and how much of the drug was being created, managed, and in possession.  These charges can be broken down into four categories and have specific penalties associated with them:

1. 4th Degree Crime = Least Severe and up to 18 months imprisonment
2. 3rd Degree Crime = Less severe and 3-5 years imprisonment
3. 2nd Degree Crime = Moderately Severe and 5-10 years imprisonment
4. 1st Degree Crime = Most Severe and 10-20 years imprisonment

It is important to note that prison is only part of the punishment when it comes to a drug trafficking conviction, which can also result in heavy fines depending on how much of the drug and what kind of drug was involved.  

A person can also lose many civil rights and federal benefits temporarily or permanently depending on whether or not this is a first-time scenario. These types of penalties can include:

• Losing the right to bear arms.
• Being denied certain loans and grants
• Forfeiture of assets, money, or property associated with earnings from convicted drug crimes
• If an illegal immigrant: Immediate Deportation and denied future citizenship attempts

Those who are accused of leading a narcotics trafficking scheme can also be sentenced to life in prison and charged up to $750,000 in fines alone.  Parole would not be available to such an individual until at least 25 years of their sentence has been served.

Aggravating Factors

When it comes to drug trafficking offenses, certain aggravating factors can significantly increase the severity of penalties. One of the primary factors is the quantity of drugs involved; large amounts often suggest intent to distribute, triggering harsher consequences. The law takes a stern view on the distribution potential, recognizing that it carries a higher societal risk than simple possession.

Moreover, the penalties can escalate when the offense involves vulnerable individuals. This includes cases where minors are implicated in the conspiracy—either as participants or as targets of the drug distribution. Selling or distributing drugs to individuals under 21 or to pregnant women is another aggravating circumstance that courts do not take lightly, often resulting in enhanced penalties.

The use of firearms during the commission of drug trafficking is also a serious aggravating factor. It indicates a heightened level of danger and criminal intent, and the courts punish such actions with increased vigor to dissuade armed drug offenses.

Cross-state operations introduce another layer of severity. When drug manufacturing occurs in one state with distribution or sales in another, federal charges come into play. These not only broaden the jurisdictional scope of the crime but also introduce the possibility of stiffer federal penalties.

Lastly, evidence of significant financial gain from drug trafficking—such as unexplained wealth or assets—can further compound the penalties. Unlike simpler drug crimes, trafficking charges are less likely to be mitigated by plea bargaining or diversion programs, reflecting society’s and the legal system’s hardline stance against this form of criminal activity.

What Is the Statute of Limitations for Drug Trafficking in New Jersey?

Drug trafficking is considered a serious crime in New Jersey, often involving the manufacturing, distribution, or possession with intent to distribute controlled substances. Due to the severity of these offenses, penalties can be quite severe, including long prison terms and substantial fines.

In New Jersey, the statute of limitations for drug trafficking offenses is set at five years. This means that the state has a five-year window to initiate criminal charges against someone suspected of engaging in drug trafficking activities. Once this period elapses, the state cannot prosecute for that specific offense.

This five-year rule applies to the prosecution stage, meaning that legal proceedings must be initiated within this timeframe. It is crucial for both legal professionals and individuals to be aware of this limit. Understanding this deadline helps those involved in legal proceedings manage their cases more effectively.

For anyone facing drug trafficking charges or who believes they might be at risk should seek legal advice promptly. Consulting with a knowledgeable New Jersey drug crimes lawyer can provide guidance on the specifics of your case, including the applicable statute of limitations, and can help you manage the intricacies of the legal system to defend your rights effectively. Contact Lustberg Law Offices today to schedule a consultation.

Common Drug Crimes in New Jersey

Legislators in New Jersey have created many laws that allow people to be charged with a variety of drug crimes. The most commonly committed drug crimes include:

Even if the charges involve something minor like possessing drug paraphernalia, drug charges can be serious and can have a lasting impact on a person’s life. Our legal team at the Lustberg Law Offices understands the impact that a drug conviction could have on your life. Call us today for a free consultation regarding your drug charges.

Common Drug Crimes in New Jersey	Description
Possession	Illegal possession of substances, including those requiring a prescription. Penalties vary based on the amount of drugs found and the specific substance. Constructive possession charges can apply if drugs are discovered near an individual, even if they don’t belong to them.
Distribution	Involves evidence of actual drug distribution or intent to distribute. Amount of drugs in possession and behavior during arrest can influence charges. Distribution charges encompass intent and selling. Drug trafficking charges apply for dealing in large amounts. Federal involvement is common, especially with importation.
Production	Manufacturing or cultivating controlled substances, such as marijuana and methamphetamines, is illegal.
Conspiracy	Federal charges may arise from acts related to drug possession or distribution, including conspiracy to possess or distribute narcotics.

1st Time Drug Offense Penalties NJ

In New Jersey, first-time drug offenders may face harsh penalties, but several diversionary programs can help them avoid jail time and receive necessary treatment. These programs include conditional discharge, pre-trial intervention, drug court, and the Veterans Diversion Program.

• Conditional Discharge:

Conditional discharge allows first-time, non-violent offenders with no prior criminal convictions to avoid a conviction by fulfilling specific conditions. After entering a plea, the court withdraws the conviction, placing the offender on probation for up to three years. Upon completion, the charges are dismissed and can be expunged from the offender’s record.

• Pre-Trial Intervention (PTI):

Pre-trial intervention (PTI) is another program that enables first-time, non-violent offenders to avoid a criminal conviction by completing the program and meeting eligibility criteria. PTI is designed for those facing indictable offenses, commonly known as felonies, such as drug possession, burglary, and other third and fourth-degree crimes. Aggravated assault charges are not eligible.

• Drug Court:

Drug court is a diversion program for non-violent offenders with drug addiction issues. To qualify, participants must have no prior criminal convictions and be willing to undergo drug treatment. They must submit to drug testing and participate in intensive outpatient or inpatient rehabilitation services. Failure of a drug test could result in removal from the program and imposition of the original sentencing. Drug court involves multiple stages, including attendance at 12-step programs, working on self-improvement, and engaging in employment or education.

• Veterans Diversion Program:

The Veterans Diversion Program is specifically designed for eligible veterans with no prior criminal convictions who have committed non-violent offenses. Veterans facing offenses such as heroin possession and prescription fraud may qualify. To be eligible, individuals must exhibit signs or symptoms of mental health issues.

Contact Experienced NJ Criminal Defense Lawyer Adam M. Lustberg for a Free Initial Consultation

If you have been arrested for a serious drug crime, you need an experienced NJ lawyer to defend you and to help you get the charges dropped, altered, or decreased. There are many options available and experienced New Jersey criminal defense attorney Adam M. Lustberg provides just the type of legal counsel you need. Contact Lustberg Law Offices, LLC via our online contact form to determine the best course of action for your case, or call us at (201) 880-5311.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

via Lustberg Law https://www.lustberglaw.com/blog/drug-trafficking-laws-new-jersey/

In New Jersey, we have some of the most stringent firearms laws in the nation. Consequently, it’s no surprise that penalties for possession can be equally serious. Any single firearms conviction can result in a minimum of 5 years in prison and extensive fines. 

If you find yourself facing accusations of illegal firearm possession in New Jersey, it is crucial to seek the help of a skilled New Jersey gun possession attorney. At Lustberg Law Offices, our experienced attorneys can provide invaluable support in safeguarding your rights and freedom. Schedule a consultation with us today at (201) 880-5311 to help secure the best possible outcome in your circumstance.

Firearms possession charges fall under various categories, and, depending on the crime, you may be facing one or several charges. These include:

• Unlawful possession of weapons if you have been found with a firearm and don’t have a permit to carry that firearm
• Unlawful possession of an illegal weapon you have been found with specific firearms that are unlawful in the state
• Certain persons not to have weapons if you have been found with a firearm but are designated as someone who is prohibited from possessing one
• Possessing a weapon for unlawful purposes if you are found with a firearm with the intention of using it in an unlawful manner
• Possessing a firearm during the commission of a CDS/bias crime if you were found with a firearm while you were committing a drug-related or intimidation crime 

Depending on the type of weapon and specific offense, each carries its own spectrum of penalties. Furthermore, penalties increase if your offense falls under the Graves Act.

If you are facing charges of illegal firearm possession, it is important to seek the help of an experienced New Jersey gun possession lawyer. Having a skilled attorney may be able to help you understand what your rights are and help you protect your freedom. 

Unlawful Possession

Unlawful possession penalties will depend on the type of firearm you were found possessing. Possession of a rifle or shotgun without a firearms ID card can result in 3 to 5 years in prison and up to $15,000 in fines. Unlawful possession of a handgun without a permit to carry is a second-degree crime that can result in 5 to 10 years in prison and up to $150,000 in fines. Because unlawful possession of a handgun falls under the Graves Act, a minimum mandatory jail sentence applies. 

What is Considered a Weapon in New Jersey?

In New Jersey, the definition of a ‘weapon’ extends beyond conventional firearms and knives. According to the law, any object that is readily capable of lethal use or inflicting serious bodily injury may be considered a weapon. This broad definition can include an array of items, even surprisingly, a person’s fists.

Explicitly listed as weapons in New Jersey are Billy Clubs, Blackjacks, and Bludgeons — all blunt objects designed for combat. Brass or Metal Knuckles, which enhance the force of a punch, are likewise included. Cestuses, an ancient armament consisting of leather bands studded with metal filings or razor blades embedded in wood, also make the list.

Bladed weapons such as Daggers, Dirks, Gravity Knives, and Stilettos are considered weapons due to their potential to cause severe harm. Switchblade Knives, with their spring-loaded blades, are specifically mentioned due to their concealed and sudden lethality.

Firearms, as expected, are on the list due to their inherent lethal potential. Stun Guns, although designed to incapacitate rather than kill, are classified as weapons because they can cause serious bodily harm.

Finally, even some less conventional items are considered weapons in New Jersey, including Sand Clubs and Slingshots. These items, while perhaps seen as rudimentary or even toys in some contexts, can indeed inflict significant harm.

Are Stun Guns Legal in New Jersey?

In New Jersey, stun guns are legal, but there are specific laws governing their use and possession. The laws were updated in 2017, allowing individuals aged 18 and older to purchase, possess, and use stun guns and Tasers. However, to legally carry one, you must obtain a permit. This ensures that the use of stun guns remains controlled and safe.

To get a permit, you need to apply through the local law enforcement agency. The process involves a background check to ensure that the applicant is eligible. It’s important to follow all legal requirements, as possessing a stun gun without a permit can lead to legal consequences. This ensures that only eligible individuals can handle these devices responsibly.

Stun guns are considered self-defense tools and should be used responsibly. Misuse or carrying a stun gun without proper authorization can result in fines or other legal actions. Always stay informed about the laws, as they can change.

It’s recommended for potential owners to consult with a knowledgeable New Jersey gun possession attorney to fully understand the requirements and restrictions. This can help in making informed decisions and maintaining adherence to state laws. Contact Lustberg Law Offices to schedule a consultation.

New Jersey Graves Act

The state of New Jersey takes weapons offenses very seriously, and there have been numerous cases where innocent individuals have been incarcerated due to the state’s strict gun laws. These laws are encompassed in a section of the law known as the Graves Act, which imposes severe penalties on individuals convicted of possessing certain weapons. The Graves Act is defined within the New Jersey Criminal Code, specifically referenced as N.J.S.A. 2C:43-6.

According to the Graves Act, individuals who are discovered with a firearm or commit specific crimes while possessing a firearm are subject to mandatory minimum prison sentences. Consequently, those convicted of a Graves Act offense must serve a minimum of one-third to one-half of their sentence, or a minimum of 42 months (whichever is longer), before they become eligible for parole. 

The Graves Act covers various prohibited weapons that carry substantial penalties, including: 

• Handguns
• Rifles
• Machine guns
• Shotguns
• Sawed-off shotguns
• Defaced firearms

Specific offenses that fall under the Graves Act include:

• Unlawful possession (without a permit, license, or registration) of machine guns, handguns, rifles, or shotguns, classified as a second-degree offense.
• Possessing a sawed-off shotgun is categorized as a third-degree offense. Owning a defaced firearm, classified as a fourth-degree offense.
• Possessing a firearm during the commission of an offense involving controlled dangerous substances (CDS) is classified as a second-degree offense.
• Possessing a firearm as a prohibited person, classified as a second-degree offense.

Additionally, according to the Graves Act, engaging in activities such as manufacturing, transporting, or disposing of machine guns, sawed-off shotguns, or assault firearms is classified as a third-degree offense. Similarly, defacing firearms is also considered a third-degree offense.

If you have specific questions about the Graves Act or need further information, it is recommended to consult with a New Jersey Graves Act lawyer. At Lustberg Law Offices, our lawyers can provide you with the guidance and representation you need if you are facing charges or have concerns related to the Graves Act. Contact us today to schedule a free consultation.

Possession of a Firearm During the Commission of a CDS or Bias Offense

Possession of a firearm during the commission of these offenses is considered a second-degree offense. Furthermore, if there is an additional conviction for possession of a firearm for an unlawful purpose, prison time must be served consecutively. 

Firearms Possession Charges in New Jersey	Penalty
Unlawful Possession of Rifle/Shotgun	3 to 5 years in prison and fines up to $15,000
Unlawful Possession of Handgun	Second-degree crime: 5 to 10 years in prison and fines up to $150,000
Unlawful Possession of Illegal Weapon	Third-degree crime: 3 to 5 years in prison and fines up to $15,000
Possession of Firearm for Unlawful Purpose	Second-degree crime: 5 to 10 years in prison and fines up to $150,000
Possession of Firearm During CDS or Bias Offense	Second-degree offense, additional conviction for unlawful purpose requires consecutive prison sentences

What Does The State Need to Prove in Order to Charge Someone With Possession Of a Weapon for an Unlawful Purpose?

In order to convict a person of possession with an unlawful purpose charge, the State must prove that the defendant possessed the weapon with the intent to use it illegally and that it was intended to be used unlawfully against another person or property. The N.J.S.A. 2C:39-1 defines the types of weapons that may be unlawfully possessed including handguns, rifles, shotguns, imitation firearms, explosives, and more. 

The type of weapon used determines the degree of an unlawful purpose offense. The type of weapon involved in the charge will also determine the sentence for the accused, whether they will face a mandatory minimum sentence, or whether a presumption of incarceration will apply to their case. To comply with the law, the accused may have to face prison time along with additional requirements as those mandated by Graves Act. 

If you are facing charges of illegal firearm possession, it is important to seek the legal representation of an experienced New Jersey criminal defense lawyer right away. An experienced lawyer may be able to help you protect your rights and your freedom.

While firearms possession is treated harshly in New Jersey, there may be several defense options available to you if you have been charged with possession. At Lustberg Law Offices, we provide diligent legal defense for individuals who have been charged with gun possession in New Jersey. Call us at (201) 880-5311 or contact us online to discuss your charges. 

via Lustberg Law https://www.lustberglaw.com/blog/what-are-the-penalties-for-illegal-firearm-possession-in-new-jersey/

As the opioid epidemic continues to plague the United States, more and more people are being arrested and charged for committing serious drug crimes. While the number of people who are charged with drug crimes continues to rise, many people do not know that drug crimes can actually be graded as criminal offenses of varying degrees. In most states, a felony drug charge is the most serious degree of drug charge that one can incur.

In New Jersey, felonies are typically defined as those criminal offenses which carry exposure to a minimum custodial sentence in excess of six (6) months. Drug charges can, however, also be graded as lesser offenses, called disorderly persons offenses (or misdemeanors). Disorderly persons offenses in NJ only carry a maximum sentence of six months in jail, and those who are convicted of disorderly persons offenses are often only sentenced to pay fines and to undergo a specified term of probation.

Because the length of one’s sentence for a drug conviction can be dramatically influenced by the grading of the drug offense, the critical question one needs to know the answer to after being arrested for a drug crime in New Jersey is this: When does a drug crime rise to the level of a felony? The answer to this question is usually determined by a number of different factors, including the type of drug, the quantity or weight of the drug, and certain aggravating factors. If you have been charged with a drug offense, contact a New Jersey drug crimes lawyer today.

At Lustberg Law Offices, NJ drug crimes attorney Adam Lustberg has years of courtroom experience defending clients who are facing drug-related charges. Our team of skilled attorneys can help you protect your rights and your freedom if you are charged with drug trafficking, possession of drug paraphernalia, or any other drug offenses in New Jersey. Contact us today at (201) 880-5311 to schedule a free consultation.

Is Drug Possession a Felony?

In New Jersey, drug crimes aren’t labeled as misdemeanors or felonies. Instead, the state employs the terms “disorderly persons offenses” and “indictable crimes.” Those charged with disorderly persons offenses can face penalties including a maximum of six months in jail and a fine up to $1,000. On the other hand, the penalties for the least severe indictable crimes (categorized as fourth-degree) typically encompass up to 18 months in prison and a fine of up to $10,000. For specific fourth-degree drug-related offenses, the fines can escalate to $25,000.

Regarding drug possession, the laws in New Jersey distinctly state that the possession of 50 grams or fewer of marijuana, or having up to three doses of a prescription medication without a valid prescription, are the sole drug-related violations that do not qualify as indictable crimes. These indictable offenses include:

• Possessing more than 50 grams of marijuana
• Having more than three doses of a prescription medication without a valid prescription
• Possession of any amount of cocaine, heroin, or methamphetamine
• Holding any measure of substances like oxycontin or ecstasy
• Possessing any amount of other prohibited drugs.

Facing drug possession charges and the potential felony classification can be a daunting experience, but you don’t have to navigate it alone. At Lustberg Law Offices, our New Jersey drug crimes lawyers understand the intricacies of drug possession laws in the state. We can provide you with the guidance and representation necessary to protect your rights and achieve the best possible outcome for your case. Take the first step in securing your future by contacting us today.

Topic	Details
Felony Definition in NJ	Felonies in NJ entail crimes with over six months minimum custodial sentence.
Drug Charges Grading	Drug charges can also be disorderly persons offenses, with maximum six months jail, fines, and probation.
Factors Influencing Felony Level	Drug crime severity determined by drug type, quantity, weight, and aggravating factors.
Importance of Classification	Drug offense classification affects sentencing length and legal consequences.

What Is the Penalty for a 1st Time Drug Offense in NJ?

In New Jersey, penalties for a first-time drug offense can vary depending on the type of drug and the nature of the charge. For individuals caught with a simple possession of prescription drugs without a valid prescription, the law is quite strict. The offender may face a prison sentence of 3 to 5 years, along with a fine that could reach up to $35,000.

The situation becomes even graver if the charges involve possession with the intent to distribute. First-time offenders in this category could find themselves facing a much broader range of penalties. Depending on the specifics of the case, the prison term could be as short as a few months or as lengthy as 20 years. Additionally, fines can be severe, potentially soaring up to $500,000.

It’s important for individuals facing such charges to understand the severity of the situation and its potential impact on their future. The penalties reflect the state’s tough stance on drug offenses and highlight the legal risks involved in such activities.

If you’re facing a first-time drug offense in New Jersey, it’s crucial to understand the seriousness of the situation and its potential impact on your future. A skilled New Jersey drug crimes lawyer from Lustberg Law Offices can provide invaluable support, helping you navigate the legal process and work toward the best possible outcome for your case. Contact us today to discuss your situation and get the guidance you need to protect your rights and future.

Dismissing a First-Time Felony Charge

It is possible to have a first-offense felony charge dismissed in New Jersey. If you and your defense lawyer can prove that the way the drugs were found was flawed, your legal representative may be able to argue to have your case dismissed. This flaw in the police officer’s actions could mean that the way the drugs were recovered was in violation of the US or New Jersey Constitution. It is also possible to dismiss the charges if the particular facts or circumstances surrounding the case do not support the accusations.

Furthermore, completing a pre-trial intervention program can also help dismiss the charges. Pre-trial intervention places defendants on probation for a specified time period. Additional conditions could also be placed on the defendant while they are completing their pre-trial intervention. Once the defendant is able to comply with all the conditions, the charges could be dropped. 

At Lustberg Law Offices, our team of skilled drug crimes lawyers along with NJ criminal defense attorney Adam M. Lustberg understand the importance of protecting your rights and your freedom. We may be able to help you create a solid defense strategy to help you receive a more favorable outcome. To schedule a free consultation, call us today. 

Contact Experienced Hackensack Criminal Defense Lawyer Adam M. Lustberg for a Free Initial Consultation

If you have been arrested for a serious drug crime in Hackensack, Paramus, Fort Lee, Fair Lawn, Lodi, Garfield, or anywhere else in Bergen County, NJ, you need an experienced criminal defense lawyer to defend you and to help you get the charges dropped, altered or downgraded. Experienced criminal defense attorney Adam M. Lustberg provides just the type of legal counsel you need to help beat your felony drug charges. Contact Lustberg Law Offices, LLC via our online contact form to determine the best course of action for your case.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

via Lustberg Law https://www.lustberglaw.com/blog/drug-offense-felony-new-jersey/

Laws concerning low-level drugs have been changing around our country over the past few years. Some drug laws are in a state of flux in some areas of the country, with several states reconsidering outdated drug classifications. Much of this is in response to how ineffective these drug usage and drug trafficking laws have been, and how these drug offense charges have the ability to seriously upend an offender’s life.

While hallucinogenic mushrooms are still considered Schedule 1 drugs in New Jersey, possession of small amounts has been reclassified. Now, instead of being charged with possession of a controlled substance, if you have been found with one ounce or less of these mushrooms, the most stringent penalty will be six months in jail and a maximum fine of $1,000 under the new classification. Before you make any decisions, it is important to speak with a New Jersey drug crimes lawyer. At Lustberg Law Offices, our lawyers can provide you with the legal guidance regarding mushroom possession in New Jersey. Whether it’s a felony or not, understanding your rights and potential consequences is crucial. Contact us today at (201) 880-5311 to protect your rights and explore your legal options.

The Psychoactive Nature of Hallucinogenic Mushrooms

The federal government first banned “psychedelic” mushrooms back in 1970 as part of the nation’s efforts to stop recreational drug use. But since the Nixon-era “war on drugs,” much of the nation’s response has been ineffective and expensive, often targeting the lowest-level offenders.

Hallucinogenic mushrooms contain a compound called psilocybin. This compound has psychoactive effects and has been considered a Schedule I drug under the Controlled Substances Act. But like other cases of low-level psychoactive substances, New Jersey still groups them with other more harmful drugs such as heroin and cocaine which carry a much higher risk for abuse.

Are Mushrooms Legal?

In February 2021, New Jersey Governor Phil Murphy approved a legislation authored by state Sen. Nicholas Scutari, which lightened the penalties for psilocybin possession, the primary compound in magic mushrooms. This shift in policy changed the categorization of psilocybin possession from a third-degree crime to a disorderly-persons offense within New Jersey. Under this legislation, holding a small quantity can lead to a fine of up to $1,000 and a prison sentence of a maximum of six months.

This piece of legislation is pushing to legalize this psychedelic substance for adult use in treating conditions like depression and anxiety within the state. The bill aims to create a structured, legal, and therapeutic system for the use of psilocybin in addressing mental health.

Titled the Psilocybin Behavioral Health Access and Services Act or S2934, the legislation proposes that adults 21 and older in New Jersey would be allowed to “have, store, consume, breathe in, process, transport, give away, or share up to four grams or less of psilocybin.”

Moreover, the bill permits adults to cultivate, nurture, and prepare plants or fungi that produce psilocybin for individual consumption, provided it remains inaccessible to those under 21.

If you find yourself facing legal concerns related to mushroom possession, it is crucial to seek assistance with a New Jersey drug crimes lawyer. At Lustberg Law Offices, our lawyers have the knowledge and resources necessary to protect your rights and build a strong defense. Whether you’re dealing with psilocybin mushrooms or other substances, we’re committed to helping you understand the legal implications and advocating for your best interests. Contact us today to schedule a consultation and take the first step towards resolving your case.

What Are The Charges for Mushrooms in New Jersey?

In New Jersey, the legal consequences for dealing with psychedelic mushrooms are severe, reflecting the state’s stringent drug laws. Under the N.J.S.A.2C:35-5, the penalties are categorized based on the amount of mushrooms involved.

If an individual is caught distributing, selling, or possessing psychedelic mushrooms with a total weight of one ounce or more, it is classified as a second-degree crime. A second-degree crime in New Jersey can lead to a prison sentence ranging from 5 to 10 years and fines that can go up to $150,000. This classification underscores the state’s stringent approach to the possession and distribution of larger quantities of psychedelic substances

For quantities less than one ounce, the offense is now classified as a disorderly persons offense rather than a third-degree crime. The penalties for this offense include a maximum of six months in jail and a fine of up to $1,000. The previous classification of such possession as a third-degree crime, which carried penalties of 3 to 5 years in prison and fines up to $35,000, has been reduced to reflect the reclassification.

Understanding these legal distinctions is crucial for anyone in New Jersey, as even possessing small amounts of psychedelic mushrooms can lead to serious criminal charges. The state’s tough stance on drug-related offenses is designed to deter both the distribution and use of controlled dangerous substances, including psychedelic mushrooms. It is highly recommended to seek legal advice and representation from an experienced New Jersey drug crimes lawyer if facing such charges.

NJ Mushroom Decriminalization

New Jersey has joined the movement of US states decriminalizing mushrooms, which contain the psychedelic compound psilocybin. New Jersey Governor Phil Murphy has approved a bill that reduces the penalty for possessing up to one ounce of the mushrooms, with a maximum $1,000 fine or a six-month jail sentence. Psilocybin was previously listed with drugs such as heroin and cocaine resulting in penalties of up to five years in prison and a $25,000 fine. Possession of psilocybin is now recategorized from a third-degree offense to a disorderly person’s offense.

This decision follows Oregon’s choice to become the first US state to decriminalize psilocybin mushrooms in November 2020, with the drug now completely legalized for medicinal use. Although psilocybin has been demonstrated to be effective in treating various mental health conditions such as anxiety, depression, and addiction, it remains illegal under federal law in the US.

Decriminalizing psilocybin is part of the wider movement to reform drug laws in the US. Several states have already legalized marijuana for both medical and recreational use, and others are expected to follow. Studies into the therapeutic potential of psychedelics, including psilocybin and LSD, are also ongoing, with a focus on treating mental health conditions.

If it Has Been Reclassified, Is Possession of Mushrooms Still a Criminal Offense?

In recent years, some states and cities around the country have decriminalized these mushrooms, making them a low priority for law enforcement. In New Jersey, although possessing and selling hallucinogenic mushrooms is still a criminal offense, as of February 2021, possession of less than an ounce of these mushrooms has been reclassified as a disorderly person’s offense. Now, someone caught with less than one ounce of these mushrooms will face up to six months in jail and/or a fine of up to $1,000 compared to previous much more serious penalties.

Possession of over an ounce of these mushrooms is still considered a serious drug offense. Possession of a Schedule I controlled dangerous substance, of which mushrooms are still considered, can be charged and prosecuted as a third-degree offense. If you are found with over an ounce of these mushrooms, you can still face up to 5 years in prison and fines of up to $35,000. Furthermore, you will have a criminal record that may follow you for the rest of your life.

What is Considered Hallucinogenic Mushroom Possession?

Due to the way that the statute was written, police can always prove possession if they show evidence of drug use. Drug use is also a violation of N.J.S.A. § 2C:35-10. You must be physically present to possess drugs.

Will the Amount of Mushrooms in Possession Matter?

There are no steps-up provisions for heroin possession, but a judge will likely impose more severe sanctions if the drug is heavier than the minimum. If the amount of mushrooms possessed is sufficient, the police may also charge the defendant with Possession with Intent To Distribute. This has more severe consequences.

How will My NJ Mushroom Possession Conviction Affect my Immigration Status?

This is not an easy question. There are many consequences depending on your status and the charges you face. A conviction under N.J.S.A. is generally deportation. 2C:35-5 is extremely dangerous for your immigration status and could result in deportation, or ineligibility to citizenship. Please click here for more information about the immigration implications of an NJ magic mushrooms possession charge.

If you have been arrested and charged with possession of hallucinogenic mushrooms in New Jersey, you should get legal representation as soon as possible. At Lustberg Law Offices, our experienced New Jersey criminal defense lawyers understand the new classification and how it can make a big difference in how you are charged, prosecuted, and penalized. Call us at (201) 880-5311 or contact us online to schedule a no-cost consultation.

Topic	Details
Psychoactive Nature of Hallucinogenic Mushrooms	Hallucinogenic mushrooms contain psilocybin, a psychoactive compound classified as Schedule I.
NJ Mushroom Decriminalization	NJ decriminalized possession up to one ounce; penalties reduced to max $1,000 fine or 6-month jail, reclassified to disorderly person’s offense.
Status of Possession	Possession/sale remains criminal; <1oz possession now disorderly person's offense.
Criteria for Possession	Illegal under N.J.S.A. § 2C:35-10: obtain, possess, use, influence, or not surrender mushrooms to law enforcement.
Impact of Amount	Larger amounts may lead to Possession with Intent to Distribute charges.
Immigration Status	Conviction under N.J.S.A. § 2C:35-5 can impact immigration, potentially leading to deportation or citizenship ineligibility.

via Lustberg Law https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/

Receiving a drug charge can be stressful and frightening. It can leave a nasty stain on your criminal record and has the potential to negatively impact your future employment. Drug use or possession with the intent to use drug paraphernalia is a disorderly persons offense in New Jersey, but even a charge of this nature can carry some serious penalties and hurt your reputation. Because of the lasting stigma an offense like this leaves, it is very important to secure excellent legal representation immediately following this charge.

If you have been arrested for possession with the intent to use drug paraphernalia, you need an experienced lawyer on your side. At Lustberg Law Offices, LLC, New Jersey drug paraphernalia possession lawyer Adam M. Lustberg fights for New Jersey clients with dedication and experience. Our team of skilled attorneys may be able to help you protect your rights and freedom if you are charged with drug trafficking, possession of drug paraphernalia, possession of mushrooms, or any other drug-related offenses in New Jersey. Contact our office today at (201) 880-5311 for a free initial consultation.

Definition and Details of Drug Paraphernalia Crimes in NJ

N.J.S.A 2C:36-2 – Possession of Drug Paraphernalia Statute – Offense:

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.

Possession of drug paraphernalia typically refers to equipment or accessories that are commonly used with drugs, including:

• Glass Pipes or Bongs
• Rolling Papers
• Roach Clips
• Syringes
• Capsules
• Cutting Agents
• Spoons
• Plastic Mini Bags
• Small Measuring Scale

In determining whether or not an object is drug paraphernalia other factors may be considered, such as:

Penalties for Drug Paraphernalia Possession in New Jersey

If you are convicted of possession of drug paraphernalia, the penalties can include up to $1000 in fines, jail time of up to 6 months, and driver’s license suspension for 6 months up to 2 years.  However, if one can prove a serious need to drive (such as the need to travel long distances for work or to care for a sick family member), a judge can decide to waive penalties on a driver’s license.  

Although a disorderly persons offense is not the same as being convicted of a crime, the associated charges can still have devastating effects on one’s life.  Drug charges, even small ones, never look good on one’s record and can result in the loss of your degree or job opportunities..

It is also important to note that a drug paraphernalia charge can often be accompanied by other drug crime charges.  Prosecutors will often use drug paraphernalia possession to leverage their case against you and amplify the seriousness of other drug crimes.  Penalties can also be worse if the individual is convicted of other drug crimes at the same time. When a situation like this occurs, you will need a quality lawyer to help you negotiate a less severe sentence.

Common Defenses for Drug Paraphernalia Possession Charges

The possession of drug paraphernalia is a serious offense. New Jersey’s extensive drug paraphernalia legislation can also lead to criminal charges. An attorney can help defendants explore all options to preserve their freedom. These are just a few of the possible defenses a criminal defense lawyer may employ to help their client defend against drug paraphernalia possession charges.

Legal Use of the Items

Paraphernalia items are usually objects that are legally produced and then sold. However, what makes them illegal is when they are being used for drug-related purposes. If a defendant’s defense team is able to demonstrate that the paraphernalia was not used for illegal purposes, then the defendant will have a strong defense. 

Adam M. Lustberg is a New Jersey drug defense lawyer who has extensive knowledge about defenses for drug paraphernalia possession charges. Each defendant’s case is unique and our attorneys at Lustberg Law Office strive to create the right defense strategy. Contact us today to schedule a consultation.

Civil Rights Violation

Everyone in America has civil rights. If the defendant’s arrest and the circumstances leading to it have involved an illegal violation of their civil rights, they may be able to have their charges dismissed. These violations could include:

• Law enforcement officers use illegals ways to conduct a search and discovery of the alleged paraphernalia
• Law enforcement officers overstepping what is legally acceptable behavior during interrogation or arrest
• Law enforcement deliberately induces an offender into committing a crime by using entrapment

Can You be Charged with Possession for Residue

In New Jersey, the law is quite stringent when it comes to drug offenses. This includes the possession of drug residues. A common misconception is that you can’t be charged if there are only trace amounts of controlled substances. However, under New Jersey law, you can be charged with drug possession even if what you have amounts to mere residue.

New Jersey’s Controlled Dangerous Substances Act (N.J.S.A 2C:35-10(a)) does not stipulate a minimum quantity of a drug for a person to be charged with possession. It simply states that it’s unlawful for anyone to knowingly or purposely possess a controlled dangerous substance. This means that if there is any detectable amount of a drug, including residue, you can be charged.

The penalties for possession of drug residue in New Jersey can be severe. They can range from fines, mandatory drug counseling, probation, to jail time in some cases. The exact penalties depend on several factors, such as the type of drug involved, the person’s criminal history, and whether there were any aggravating factors.

It’s also important to note that if the residue is found on an item associated with drug use, like a pipe or a spoon, you could also be charged with possession of drug paraphernalia, which carries additional penalties.

If you find yourself facing charges for possession of drug residue in New Jersey, it’s crucial to consult with an experienced drug paraphernalia possession attorney. They can help navigate the complex legal system and work to protect your rights.

Program Options Available to Allow for a Clean NJ Criminal Record

For clients who are first-time offenders (that means anywhere in the USA), there are programs available that, upon passing, can result in the dismissal of charges and a clean record.  If you are only charged with drug paraphernalia possession, you may be able to receive a Conditional Discharge, where you are placed on probation for one year and can have your charges dismissed. However, having your charges dismissed is dependent on whether you are able to pass all drug tests and steer clear of any other criminal charges during this time.

If you are a first-time offender and you are charged with felony offenses in additional drug paraphernalia then you may be eligible for Pretrial Intervention (PTI) that may benefit you. PTI is for a period of time up to three years.  If you abide by the terms and conditions of PTI, typically by remaining offense free, passing all drug tests and paying any fines, then you may be eligible to have your slate wiped clean.

How To Get A Drug Paraphernalia Charge Dropped

Drug paraphernalia possession is a significant offense in New Jersey that can lead to serious legal consequences. Nonetheless, if you’re facing a drug paraphernalia charge, you should know that several possible legal defenses can be utilized to your advantage. By presenting a strong legal defense, you may be able to challenge the prosecution’s case and even secure a dismissal in charges.

One of the most common defenses to a drug paraphernalia charge is improper or deficient Miranda warnings. Law enforcement officers are required to read you your Miranda rights before they interrogate you, which includes your right to remain silent and your right to an attorney. If the officer fails to provide proper Miranda warnings, any statement you make may be inadmissible in court. As a result, this could result in the prosecution losing a significant portion of its evidence against you.

Another defense to a drug paraphernalia charge is mistaken identity. If you can prove that you were not in possession of the paraphernalia or equipment, or that there was someone else who could have been responsible, you may be able to have the charges dropped. Similarly, if you can demonstrate that the paraphernalia or equipment wasn’t yours or that you didn’t know it was in your possession, you may also be able to challenge the prosecution’s case.

If you’re facing a drug paraphernalia charge in New Jersey, it’s essential to seek the help of an experienced criminal defense attorney. At Lustberg Law Offices, our team of drug paraphernalia lawyers may be able to help determine the best legal strategy for your case.

Defense Strategy	Details
Improper Miranda Warnings	Challenging the case based on improper or deficient Miranda warnings. Law enforcement must read your Miranda rights before interrogation, including the right to remain silent and the right to an attorney. Failure to provide proper Miranda warnings can make any statements you made inadmissible in court, potentially weakening the prosecution’s case.
Mistaken Identity	Asserting that you were not in possession of the drug paraphernalia or equipment or that someone else could have been responsible. Proving mistaken identity can be a defense strategy to have the charges dropped. Similarly, demonstrating that you didn’t own or weren’t aware of the paraphernalia’s presence may challenge the prosecution’s case.

Consult With a Qualified New Jersey Criminal Defense Attorney About Your Options Today

Experienced criminal defense attorney Adam M. Lustberg knows how to fight drug charges and can help you avoid possession of drug paraphernalia penalties. In order to minimize the damage that severe penalties can inflict upon your life and livelihood, he will build a strong defense strategy on your behalf. He understands how to challenge the prosecution’s evidence in order to get your charges dismissed or reduced if possible. Contact us today for a free consultation: (201) 880-5311.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

via Lustberg Law https://www.lustberglaw.com/blog/possession-drug-paraphernalia-new-jersey/

In New Jersey, anyone under 18 years old is not allowed to apply for any firearms license. Except for the case of an employment requirement, anyone under 21 years old cannot apply for a handgun permit. The federal law governing who can purchase and possess firearms in the United States is set by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Each state has its own rules and guidelines regarding firearms purchase and possession. If you’re facing charges related to gun possession or have any related questions, it’s important to seek the assistance of an experienced New Jersey gun possession lawyer. They can provide you with the necessary legal expertise to navigate your case.

New Jersey’s firearm laws govern who is allowed to legally purchase or own a firearm. A permit is required to buy a handgun in New Jersey. This permits one handgun per permit. The Firearms Purchaser ID Card allows unlimited shotgun and rifle purchases. They must be obtained either from the local police or New Jersey State Police.

Lustberg Law Offices offers a complimentary consultation with New Jersey gun crime defense lawyer Adam M. Lustberg. Knowing how law enforcement obtained the evidence and what defense strategies in beating gun charges may apply if you or someone you love is facing a New Jersey weapon charge is important. We can help you navigate the charges you are facing and your available options. Call us today at (201) 880-5311 to schedule a consultation. 

N.J.S. § 2C:58-3 outlines the circumstances under which a person cannot be issued firearms or handgun permits. This section prevents anyone from being issued this identification or permit if they are convicted of any crime, disorderly persons offense, or domestic violence-related offense.

New Jersey law doesn’t classify crimes as felonies. Felonies are generally any offense that can result in a one-year sentence or longer. It doesn’t matter if you have been sentenced to a one-year or longer sentence. What matters is that you are eligible for this sentence. Practically, this means that a conviction for a New Jersey crime of the first, second, third, or fourth degree automatically disqualifies you from applying for a gun permit.

You also cannot obtain a gun permit if you are:

• Confined in a hospital or mental institution for mental disorders
• Having a physical condition or disease makes it difficult to use firearms.
• For firearms, under 18 years old; for handguns, 21 and older
• A restraining or temporary order may be issued
• Suffering from alcoholism or drug addiction

It is important to know what your defense options are if you or someone you love faces a New Jersey firearm crime. Lustberg Law Offices offers a complimentary consultation with gun crime lawyer Adam M. Lustberg. They can also discuss the charges you are facing and your options. Call us today at (201) 880-5311 to schedule a consultation. 

New Jersey Gun Permit Application Process

You must obtain the permits to legally purchase and possess firearms in New Jersey, despite the stringent gun laws. If you fail to apply, serious criminal charges could be brought against you.

There are two kinds of permits available if you want to buy a gun in New Jersey: The Firearms Purchaser Card and the Permit to purchase a handgun. 

In order to apply for either permit, you must submit your application to the chief of police of your municipality. If you are located in New Jersey you may submit the application to the Superintendent of New Jersey State Police. You must submit your application with a government-issued photo ID and two references that attest to your mental health. 

The police will conduct a background check on your application with the FBI and state police. They will also perform a search for mental health records (for which you need to give written consent) and fingerprint checks (for which two copies must be provided). They will then have 60 days to respond to your request. If you do not receive a response within this time, your application will be considered approved.

New Jersey lawyers at Lustberg Law Offices are able to provide you with an effective and strategic defense against any mandatory punishment under New Jersey weapons charges. The combined legal experience of our team includes defending New Jersey residents, even in cases that involve unlawful possession of weapons or other weapons.

A warrant for arrest marks the start of a legal proceeding that doesn’t have to lead to a guilty verdict. You can have a defense that makes you feel optimistic. For a confidential consultation, call us at (201) 880-5311 to speak with an attorney.

What Disqualifies You From Owning a Gun in NJ?

New Jersey has implemented strict gun laws that effectively restrict the possession of guns and ammunition by many individuals. Violating these laws constitutes a separate criminal offense and can lead to severe penalties and charges.

According to N.J.S. § 2C:39-7, specific individuals are prohibited from possessing weapons or ammunition within the state of New Jersey. This statute outlines a range of serious criminal offenses, as well as attempts or conspiracies to commit these crimes, which permanently disqualify individuals from possessing firearms or ammunition. The offenses encompass various crimes, including aggravated assault, kidnapping, and robbery.

This section bans individuals who have been convicted of unlawfully using, possessing, or selling a controlled dangerous substance (CDS) from purchasing, owning, possessing, or controlling firearms or ammunition. This prohibition also extends to those convicted of attempting or conspiring to commit this offense.

The law also prohibits individuals who have been previously committed to a hospital, mental institution, or sanitarium due to a mental disorder from possessing guns or ammunition. However, under certain circumstances, they may regain their firearm privileges by obtaining a certificate from a licensed medical doctor or psychiatrist in New Jersey, or other evidence showing that they no longer suffer from a mental disorder that impairs their ability to handle firearms.

Lastly, the law makes it illegal for individuals who have been convicted of a crime related to domestic violence, even disorderly persons offenses, to possess firearms or ammunition. This restriction applies even if the original crime did not involve the use or possession of a firearm. Consequently, certain convictions that would not typically hinder firearm possession could have that effect if the crime involved a specific relationship with the victim. For instance, a simple assault conviction against a stranger would not impact gun rights, but the same conviction against a spouse would result in a loss of gun rights.

Discovering your eligibility for gun ownership in New Jersey is crucial to ensure compliance with state laws. If you have any uncertainty about the disqualifications before owning a gun in New Jersey, it is vital to seek advice from a skilled New Jersey gun possession lawyer from Lustberg Law Offices. Our lawyers can guide you through the intricacies of firearm regulations, safeguard your rights, and provide representation if needed. Schedule a consultation with us and let us assist you in navigating the complexities of gun ownership in New Jersey.

Disqualifying Criteria	Prohibited Individuals
Conviction of Serious Criminal Offenses	Individuals convicted of crimes like aggravated assault, kidnapping, and robbery.
Unlawful Use, Possession, or Sale of CDS	Individuals convicted of unlawfully using, possessing, or selling a controlled dangerous substance (CDS).
Previous Mental Health Commitment	Individuals previously committed to a hospital, mental institution, or sanitarium due to a mental disorder.
Conviction Related to Domestic Violence	Individuals convicted of a crime related to domestic violence, including disorderly persons offenses.

If the court determines that the crime and/or defendant were connected with organized crime, a conviction for unlawfully possessing a handgun, machine gun, or assault rifle will result in the ineligibility of parole for five years.

A mandatory extension of prison must be imposed on anyone convicted under the Graves Act after they have already been convicted for firearms offenses. An extended sentence will include the ineligibility to parole for one-third to one-half of the sentence or five years, depending on which is higher.

Penalties for Weapon Possession Charges in New Jersey

New Jersey has severe penalties for weapons offenses, and the degree of the crime depends on several factors. However, the penalties are usually more severe if dangerous weapons, like firearms, were involved and used to commit a crime.

In the state of New Jersey, carrying a handgun without a valid permit is considered a serious offense, classified as a second-degree crime, and carries a maximum punishment of ten years in a state prison. Possessing a machine gun or a device that can be adapted as one, without a license, is also a second-degree crime that could result in up to ten years in prison. Possessing any other weapon, excluding firearms, for an unlawful purpose is a third-degree crime that could lead to up to five years in prison. 

Fourth-degree charges could also be given to people who knowingly and illegally possess weapons such as stun guns, sand clubs, stiletto knives, or metal knuckles. Nonetheless, under the criminal statute, the accused individual must have held the object in a manner that is not clearly suitable for lawful purposes. The specific use of the weapon will often be decided by the judge or jury. For example, a person who possessed handcuffs for use in a play would not be charged with a crime.

Getting the Help of a Skilled Criminal Defense Lawyer 

Lustberg Law Offices’ gun crime lawyer Adam M. Lustberg and his team of highly skilled lawyers have more than seventeen years of experience in representing individuals charged with gun or weapons offenses in New Jersey. Our firm provides aggressive legal defense, and we work with the courts and prosecutors to minimize any negative impact on your life. You can be confident that you will face the charges with our experienced team of New Jersey attorneys on your side. For a free consultation, contact us at (201) 880 5311.

via Lustberg Law https://www.lustberglaw.com/blog/who-is-prohibited-from-buying-a-weapon-in-new-jersey/

Shoplifting is a crime often thought of as a minor or juvenile offense. However, in New Jersey, shoplifting is still considered a serious offense, a conviction for which is punishable by jail time and/or costly fines. As a theft crime, a shoplifting conviction can also leave a person with a mark on their criminal record and repercussions on their personal and professional lives.

Getting charged with and convicted of shoplifting in New Jersey can have life-altering consequences. It is important to take the appropriate steps to protect yourself if you are accused of shoplifting in New Jersey by seeking help from an experienced New Jersey shoplifting attorney who can assist you in understanding your rights and building a strong legal defense in your case. Contact Lustberg Law Offices, LLC today at (201) 880-5311 to schedule a consultation.

Shoplifting Penalties in New Jersey

Shoplifting can be charged either as a disorderly persons offense or an indictable offense depending on the value of the property alleged to have been stolen. 

Disorderly Persons Offense

A person alleged to have stolen property valued at $200 or less will be charged with Shoplifting as a Disorderly Persons Offense and the matter will be handled at the Municipal Court in the town where the alleged offense occurred. A conviction for Shoplifting as a Disorderly Persons Offense can be punishable with the following penalties:

• Up to six months in a county jail 
• Probation
• Suspension of the defendant’s driver’s license

Fourth-degree Indictable Offense

A person alleged to have stolen property valued at more than $200 but not exceeding $500 will be charged with Shoplifting as a fourth-degree crime and the matter will be handled at the Superior Court in the county where the alleged offense occurred. They may also be subject to the following penalties if convicted.

• Up to 18 months in prison
• Probation
• Suspension of the defendant’s driver’s license

Third-degree Indictable Offense

A person can be charged with third-degree indictable shoplifting if they are alleged to have stolen merchandise with a full retail value of more than $500 but not exceeding $75,000. They may also be subject to the following penalties if convicted.

• From 3 to 5 years in prison 
• Probation
• Suspension of the defendant’s driver’s license

Second-degree Indictable Offense

Second-degree indictable shoplifting is the highest grade a person can be charged with for this offense. A person can be charged with second-degree indictable shoplifting if they are alleged to have stolen merchandise with a full retail value of more than $75,000. They may also be subject to the following penalties if convicted.

• From 5 to 10 years in prison 
• Probation
• Suspension of the defendant’s driver’s license

In addition to the above, community service can also be imposed depending, in part, on the number of previous shoplifting offenses the defendant has committed. It is also important to remember that even a disorderly persons offense, although the minimum level of shoplifting offense, can still have a great impact on your record as shoplifting may be considered a “crime of moral turpitude” for immigration purposes. A conviction for shoplifting can prevent a person from running for public office or, if an offender is not a US citizen, can result in their deportation or other adverse immigration consequences.

Offense Level	Value of Stolen Property	Penalties
Fourth-degree	>$200 but ≤$500	Up to 18 months in prison, probation, suspension of driver’s license
Third-degree	>$500 but ≤$75,000	3 to 5 years in prison, probation, suspension of driver’s license
Second-degree	>$75,000	5 to 10 years in prison, probation, suspension of driver’s license

How Long Does It Take to Get a Summons for Shoplifting

The time it takes to receive a summons for shoplifting can vary depending on several factors. These factors can include:

• the time necessary for the store or police department to file a complaint,
• the time required for the court to process the complaint and issue a summons, and
• the time needed for the summons to be delivered to the accused individual.

Even if the store releases you, there remains a chance that you may face criminal charges. You might either receive a summons via mail or be asked to report to the police station.

The statute of limitations for shoplifting charges in New Jersey is contingent on the value of the stolen items. If the items are worth less than $200, the offense is classified as a disorderly persons offense, with a statute of limitations of one year from the offense’s detection. This indicates that legal proceedings must commence within one year of discovering the offense.

If the value of the shoplifted items surpasses $200, the offense is deemed an indictable offense or felony. In this case, the statute of limitations extends to five years, providing a longer duration for legal action. Note that the statute of limitations pertains to the maximum allowable time for filing criminal charges. Once this time has passed, the accused individual typically cannot be prosecuted for that specific offense.

Things to Do vs Things to Avoid When Accused of Shoplifting

If you have been accused of shoplifting, it can be easy to feel overwhelmed and panic. In this situation, it is important to remember your rights so you are not taken advantage of.

Remain Calm and Composed

It is completely normal to be shocked or indignant when accused of a crime such as shoplifting. However, you should make sure that you keep a level head and listen attentively to anything that anyone says to you. An accurate recollection of the events can be critically important in establishing your defense. Remaining calm can also prevent the situation from escalating and turning into a physical altercation which can further aggravate any charges filed against you.

Don’t Attempt To Pay for the Item or Make Any Statements To Store Staff

Paying for the item can be construed as an admission of guilt on your part. It is also important to avoid making any sort of statement or providing any personal information. Any statement may be used against you and, while you understandably may want to prove your innocence, any slip of the tongue or misstatement can ultimately prove damaging to your case. While store security may be allowed to detain you for a brief period before the police arrive, you are not obligated to provide them with any information, make any statements or to sign any documents. Only provide your information to police when asked and decline to make any further statements. Store staff may try to get you to sign a document or incident report related to the situation. Under no circumstances should you sign any document presented by them without your attorney present.

Get the assistance of a competent New Jersey shoplifting attorney as soon as you can to build the legal defense you need to maximize the chances of having your charges dismissed. Regardless of the degree of your charges, a conviction can have serious consequences that can affect your personal life and career. 

At Lustberg Law Offices, LLC, top-rated criminal defense attorney Adam M. Lustberg provides quality legal assistance and leverages his extensive knowledge of New Jersey law to aggressively defend his clients’ rights and liberty. Our team of legal professionals works diligently to investigate each case and provide personalized legal assistance. Contact us today at (201) 880-5311 for a free initial consultation or fill out our online form to learn more about how we can help you. 

via Lustberg Law https://www.lustberglaw.com/blog/what-are-your-rights-if-accused-of-shoplifting-in-new-jersey/

In New Jersey and around the country, we see that terroristic threats are on the rise. While we may think of a “terrorist” as someone from an adversarial country or fringe domestic group making threats against groups of people, anyone can be charged with a terroristic threat crime if they are threatening violence with the intention of terrorizing another person or group of people. If you have been charged with a terroristic threat, contact a New Jersey terroristic threats lawyer today.

In the state of New Jersey, the threat of violence is taken just as seriously as the actual commission of violence. Under N.J.S.A. 2C:12-3, a person can be convicted of a third-degree crime if “he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.” Additionally, a person can be convicted of a terroristic threat crime “if he threatens to kill another with the purpose to put him in imminent fear of death” causing the victim to believe his life is in jeopardy.

The Doctrine of Merger and Doctrine of Severance in Penalties for Terroristic Threats Charges

The penalties for terroristic threats conviction can be different in each New Jersey county. Terroristic threats charges are usually considered third-degree offenses unless they were committed during a state, county, or national emergency. In that case, it would be a second-degree offense.

Under the doctrine of merger, a terroristic threats conviction will be combined with a conviction for a higher-grade crime. One example of this situation is when a person is convicted of first-degree robbery and also convicted of terroristic threats. In this case, the terroristic threats conviction will be considered a lesser offense which merges into the more serious offense. The individual cannot be punished separately for each offense. However, this merger is not possible if the person is convicted of a lesser crime in conjunction with a conviction for terroristic threats.

The doctrine of severance exists because individuals are usually charged with both a violation of a restraining order and a separate terroristic threat indictment. It would be unfair to indict an individual for both terroristic threats and restraining order offenses under New Jersey State Law. This is because the testimony about the restraining order can be prejudicial when defending the terroristic threats charge. 

A highly skilled criminal defense attorney like attorney Adam M. Lustberg can be invaluable to your case if you are facing charges of terroristic threats in NJ. Call us today to schedule a consultation.

Not All Terroristic Threats Are Made to Public Safety

Consequently, not all terroristic threats are threats made to public safety. In many cases, a terroristic threat can be a verbal threat between two individuals who know each other or in cases of road rage or an alcohol-induced fight in a local bar. Many terroristic threats are made in conjunction with a domestic violence situation. 

Because of the public and private safety aspects of terroristic threats, the state of New Jersey is taking these crimes very seriously. While you may consider a threat a minor flair of anger, the law will consider it something more. Your minor flair of anger may land you in jail facing serious criminal charges if your threat

Is Terroristic Threat Considered a Violent Crime?

Terroristic threats are classified as violent offenses, encompassing situations where an individual or a group is targeted with a threat of violence meant to induce fear. In the state of New Jersey, the gravity assigned to these crimes is equivalent to actual acts of violence, underlining their severity.

Instances of terroristic threats can arise from various circumstances, including verbal altercations between acquaintances, incidents of road rage, altercations fueled by alcohol, or cases of domestic violence. The law does not regard a threat as a mere expression of anger but rather as a serious matter, warranting harsh legal repercussions.

According to New Jersey law (N.J.S.A. 2C:12-3), individuals can be charged with a third-degree offense if they purposefully threaten violence to terrorize others, resulting in the evacuation of a building or public transportation or causing substantial public inconvenience. Similarly, a conviction can be obtained if a person threatens to kill another with the intention of instilling imminent fear of death, thereby making the victim genuinely believe their life is in danger.

Being found guilty of terroristic threats can lead to imprisonment ranging from 3 to 5 years and fines of up to $75,000. Given the significant ramifications, it is crucial for individuals facing charges related to terroristic threats to promptly seek legal representation from a seasoned criminal defense attorney.

Getting Legal Representation

If you are convicted of terroristic threats in New Jersey, you may be facing 3 to 5 years in prison and fines of up to $75,000. But there may be defenses available to you. It is important to get the support of an experienced criminal defense attorney who fully understands the law, the evidence against you, and the mindset of the prosecution in your case. 
Adam M. Lustberg and the criminal defense team at Lustberg Law Offices LLC diligently protect your rights under the law to ensure your best possible outcome. If you are facing a terrorist threats charge, call us at (201) 880-5311 or contact us through our online contact form to schedule a consultation.

Types of Terroristic Threats	Description
Verbal threat between individuals who know each other	Threats made in personal relationships or situations like road rage or bar fights
Threat involving the commission of a violent crime against a person or persons	Threats indicating an intention to carry out a violent act
Threat made for the purpose of terrorizing a person or causing building evacuation	Threats intended to create fear or panic in individuals or prompt building evacuations
Threat causing imminent fear for the lives of others	Threats that make individuals believe their lives are in immediate danger
Threat coupled with possession of a weapon	Threats made while in possession of a weapon

via Lustberg Law https://www.lustberglaw.com/blog/what-are-terroristic-threats-in-new-jersey/

Are you facing a legal predicament after being caught in possession of a Controlled Dangerous Substance (CDS) in New Jersey? The penalties and severity of drug charges imposed on you can vary depending on several factors. These factors include the type of substance involved, such as marijuana or heroin, as well as the weight of the CDS. The repercussions often involve imprisonment, hefty fines, license suspension, and other potential consequences. 

At Lustberg Law Offices LLC, attorney Adam M. Lustberg and our team of skilled New Jersey drug crimes lawyers may be able to help you navigate through these challenging circumstances. Call us today at (201) 880-5311 to schedule a consultation.

First, Second, Third, and Fourth Degree Drug Charges

Drug charges are categorized by degree and range, in ascending order of severity, from a disorderly persons offense to a First Degree indictable crime. The degree of the crime depends on the type of drug, the amount of the drug found in your possession and certain other facts. The closer to a First Degree crime you are, the more severe the potential penalties are.

New Jersey penalties associated with the following drug crime charge degrees are:

• First-Degree Drug Charges – Up to 30 years, and in some cases life imprisonment, up to $1,000,000 in fines and possible loss or suspension of driver’s license.
• Second-Degree Drug Charges – Up to 25 years in prison, up to $500,000 in fines and possible loss or suspension of driver’s license.
• Third-Degree Drug Charges – 3-5 years in prison, up to $35,000 in fines and possible loss or suspension of driver’s license.
• Fourth-Degree Drug Charges – Up to 18 months in prison, up to $15,000 in fines and possible loss or suspension of driver’s license.
• Disorderly Persons Offense Charges – Up to 6 months in the county jail, up to $1000 in fines and possible loss or suspension of driver’s license.

Drug Crime Charge Degrees	Maximum Prison Sentence	Maximum Fines	Driver’s License Penalty
First-Degree	Up to 30 years	Up to $1,000,000	Possible loss or suspension
Second-Degree	Up to 25 years	Up to $500,000	Possible loss or suspension
Third-Degree	3-5 years	Up to $35,000	Possible loss or suspension
Fourth-Degree	Up to 18 months	Up to $15,000	Possible loss or suspension
Disorderly Persons	Up to 6 months	Up to $1,000	Possible loss or suspension

Regular Possession Charges and Penalties

As mentioned, the degree of crime you will be charged with depends on the type of drug and how much of it you have. If you were only found in possession of it, and not found to have also had the intent to distribute the drug, the penalties are less severe.

Possible possession charges in New Jersey include:

• Less than 50 grams of marijuana – chargeable as a disorderly persons offense
• More than 50 grams of marijuana – chargeable as an indictable offense, the degree of which depends on the weight of the drug.
• Any amount of cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and any other illegal narcotics stimulants, hallucinogens, opiates, or depressants – chargeable as an indictable offense, the degree of which depends on the weight of the drug.
• Drug paraphernalia such as needles, baggies, pipes, bongs – chargeable as a disorderly persons offense
• Unauthorized prescription drugs – Often charged as a third-degree offense

Possession with Intent to Distribute Charges and Penalties

New Jersey laws get more severe if a drug possession charge is accompanied by evidence of manufacturing, distributing, or possession with intent to distribute. This is because now your crime is not only affecting yourself but spreading those illegal substances within your community, often times for profit.

How to Get a Possession Charge Dismissed

If you’re facing a possession charge and want to explore ways to get it dismissed, it’s important to consider various legal defenses. Here are four strategies that could potentially lead to a dismissal:

Challenge the Legality of the Search:

The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be excluded, resulting in the dismissal of your case. Generally, warrantless searches are considered invalid, except in specific situations like when an item is in plain view or when the police have probable cause to search a motor vehicle.

Dispute the Possession:

If the prosecution can’t prove, beyond a reasonable doubt, that you had actual or constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. Your attorney can challenge the state’s ability to prove your intent to control the drugs and your knowledge of their contents.

Question the Substance’s Legality:

The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to the dismissal of the case.

Raise Discovery Violations or Entrapment:

You have the right to access all evidence held by the prosecution. If the prosecution fails to provide crucial evidence, such as the actual drugs, the case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police—coerced into committing a crime you wouldn’t have otherwise committed—entrapment may serve as a viable defense.

Getting a possession charge dismissed requires the assistance of a skilled drug defense attorney who can thoroughly examine the specific details of your case and determine the most effective defense strategies.

Contact an Experienced Hackensack Drug Defense Attorney About Your Drug Possession Charges in New Jersey

Have you been charged with a drug related offense in New Jersey? A drug crime conviction can carry with it heavy fines, jail time and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The lawyers at Lustberg Law Offices represent clients charged with use, possession, production, distribution and related drug offenses in Fort Lee, Fair Lawn, Bergenfield, Ridgewood, and throughout New Jersey. Contact us at (201) 880-5311 or fill out our confidential online form to schedule a free consultation about your case. We have an office located at One University Plaza Dr Suite 210, Hackensack, NJ 07601, in addition to offices located in New York.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

via Lustberg Law https://www.lustberglaw.com/blog/drug-possession-charges-and-penalties-in-new-jersey/

Drug trafficking crimes involve the creation and/or distribution of banned drugs or controlled substances that were obtained illegally.  They are considered very serious crimes and often carry severe penalties.  The more dangerous the drug, the quantity of the drug, and the more drug crimes you are convicted of – in addition to drug trafficking – the worse the punishment could be.  Finding a qualified New Jersey drug crimes lawyer for your case can easily make the difference between many years in prison or a lesser penalty.

Contact Attorney Lustberg today for a free initial consultation regarding your drug charges.

New Jersey Drug Trafficking Law Definition and Details

Drug trafficking is defined as the illegal sale, manufacture or creation, transport, movement, and/or distribution of any substance that is either illegal to own or was illegally acquired.  Drug trafficking crimes usually involve much more than simply handling an illegal substance from point A to point B.  It often involves a large scheme on a national or international scale with millions of dollars of sales generated. Usually, to be convicted of this crime one must have a larger part in the scheme such as organizing, financing, or supervising/managing those creating, moving, or selling the drugs.

The following is a list of the most commonly trafficked drugs in the United States:

• Cocaine
• Heroin
• PCP
• LSD
• Methamphetamines (Meth)
• Marijuana

Because this type of crime is on a much larger scale and results in thousands of affected Americans gaining access to illegal substances, a special federal group called The Drug Enforcement Administration (DEA) is used to investigate these crimes.  They were created to crack down on drug presence and distribution in the United States.

Possible Drug Trafficking Penalties for Those Convicted in NJ

If you are caught by the DEA and convicted, the penalties for this type of crime are severe.  This is because it is considered a very serious crime that usually earns an individual a 1st-degree felony charge.  If convicted of other drug crimes the penalties can become much more severe. This is especially the case if charged with any of the following:

1. Possession of a drug with intent to distribute within 1000 ft of the school zone
2. Possession of a drug with intent to distribute within 500 ft of a public library, park, or certain housing
3. Possession of a handgun (such as a pistol) in association with the drug crime

Penalties for drug trafficking crimes in New Jersey depend on what type of drug was involved and how much of the drug was being created, managed, and in possession.  These charges can be broken down into four categories and have specific penalties associated with them:

1. 4th Degree Crime = Least Severe and up to 18 months imprisonment
2. 3rd Degree Crime = Less severe and 3-5 years imprisonment
3. 2nd Degree Crime = Moderately Severe and 5-10 years imprisonment
4. 1st Degree Crime = Most Severe and 10-20 years imprisonment

It is important to note that prison is only part of the punishment when it comes to a drug trafficking conviction, which can also result in heavy fines depending on how much of the drug and what kind of drug was involved.  

A person can also lose many civil rights and federal benefits temporarily or permanently depending on whether or not this is a first-time scenario. These types of penalties can include:

• Losing the right to bear arms.
• Being denied certain loans and grants
• Forfeiture of assets, money, or property associated with earnings from convicted drug crimes
• If an illegal immigrant: Immediate Deportation and denied future citizenship attempts

Those who are accused of leading a narcotics trafficking scheme can also be sentenced to life in prison and charged up to $750,000 in fines alone.  Parole would not be available to such an individual until at least 25 years of their sentence has been served.

Common Drug Crimes in New Jersey

Legislators in New Jersey have created many laws that allow people to be charged with a variety of drug crimes. The most commonly committed drug crimes include:

Even if the charges involve something minor like possessing drug paraphernalia, drug charges can be serious and can have a lasting impact on a person’s life. Our legal team at the Lustberg Law Offices understands the impact that a drug conviction could have on your life. Call us today for a free consultation regarding your drug charges.

Common Drug Crimes in New Jersey	Description
Possession	Illegal possession of substances, including those requiring a prescription. Penalties vary based on the amount of drugs found and the specific substance. Constructive possession charges can apply if drugs are discovered near an individual, even if they don’t belong to them.
Distribution	Involves evidence of actual drug distribution or intent to distribute. Amount of drugs in possession and behavior during arrest can influence charges. Distribution charges encompass intent and selling. Drug trafficking charges apply for dealing in large amounts. Federal involvement is common, especially with importation.
Production	Manufacturing or cultivating controlled substances, such as marijuana and methamphetamines, is illegal.
Conspiracy	Federal charges may arise from acts related to drug possession or distribution, including conspiracy to possess or distribute narcotics.

1st Time Drug Offense Penalties NJ

In New Jersey, first-time drug offenders may face harsh penalties, but several diversionary programs can help them avoid jail time and receive necessary treatment. These programs include conditional discharge, pre-trial intervention, drug court, and the Veterans Diversion Program.

• Conditional Discharge:

Conditional discharge allows first-time, non-violent offenders with no prior criminal convictions to avoid a conviction by fulfilling specific conditions. After entering a plea, the court withdraws the conviction, placing the offender on probation for up to three years. Upon completion, the charges are dismissed and can be expunged from the offender’s record.

• Pre-Trial Intervention (PTI):

Pre-trial intervention (PTI) is another program that enables first-time, non-violent offenders to avoid a criminal conviction by completing the program and meeting eligibility criteria. PTI is designed for those facing indictable offenses, commonly known as felonies, such as drug possession, burglary, and other third and fourth-degree crimes. Aggravated assault charges are not eligible.

• Drug Court:

Drug court is a diversion program for non-violent offenders with drug addiction issues. To qualify, participants must have no prior criminal convictions and be willing to undergo drug treatment. They must submit to drug testing and participate in intensive outpatient or inpatient rehabilitation services. Failure of a drug test could result in removal from the program and imposition of the original sentencing. Drug court involves multiple stages, including attendance at 12-step programs, working on self-improvement, and engaging in employment or education.

• Veterans Diversion Program:

The Veterans Diversion Program is specifically designed for eligible veterans with no prior criminal convictions who have committed non-violent offenses. Veterans facing offenses such as heroin possession and prescription fraud may qualify. To be eligible, individuals must exhibit signs or symptoms of mental health issues.

Contact Experienced NJ Criminal Defense Lawyer Adam M. Lustberg for a Free Initial Consultation

If you have been arrested for a serious drug crime, you need an experienced NJ lawyer to defend you and to help you get the charges dropped, altered, or decreased. There are many options available, and experienced New Jersey criminal defense attorney Adam M. Lustberg provides just the type of legal counsel you need. Contact Lustberg Law Offices, LLC via our online contact form to determine the best course of action for your case or call us at (201) 880-5311.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

via Lustberg Law https://www.lustberglaw.com/blog/drug-trafficking-laws-new-jersey/